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The original documents are located in Box 54, folder "8/19/76 HR6156 Relief of Walma T
Thompson" of the White House Records Office: Legislation Case Files at the Gerald R.
Ford Presidential Library
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Exact duplicates within this folder were not digitized.
APPROVED AUG19/1976
& 8/19/76
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: August 23
August 17, 1976
MEMORANDUM FOR
THE PRESIDENT
Posted
FROM:
JIM CANNON
8/21/76
SUBJECT:
H.R. 6156 - For the Relief of
Walma T. Thompson
archives
Attached for your consideration is H.R. 6156, sponsored by
8/23/76
Representative Mikva.
The enrolled bill entitles Mrs. Alma Thompson to a civil
service annuity by deeming her to have been married to
Obert O. Thompson for the period of time prior to his
death that is required by civil service retirement law.
The Thompsons were married in 1944 and divorced in 1970
but remarried in 1971. Mr. Thompson died on March 9, 1973
and since the duration of the second marriage was 8 months
less than the two years required by the civil service
retirement law, she has been unable to receive survivor's
benefits. The circumstances of the enrolled bill are similar
to Pr. L. 94-57, which you approved on August 6.
Additional information is provided in OMB's enrolled bill
report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign H.R. 6156 at Tab B.
FORD A LIBRARY 07VH30
Digitized from Box 54 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
OF TIME
$
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
AUG 16 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 6156 - For the relief
of Walma T. Thompson
Sponsor - Rep. Mikva (D) Illinois
Last Day for Action
August 23, 1976 - Monday
Purpose
Entitles Mrs. Thompson to a civil service survivor's
annuity by deeming her to have been married to
Obert O. Thompson for the period of time prior to
his death that is required by civil service
retirement law.
Agency Recommendations
Office of Management and Budget
Approval
Civil Service Commission
Approval
crmally)
Discussion
H.R. 6156 arises from circumstances very similar to
those in a private relief bill which you approved
on August 6, 1976, for Mrs. Mildred N. Crumley
(Pr. L. 94-57).
Under the civil service retirement law at the time of
Obert O. Thompson's death, in order to qualify for a
survivor's annuity, the surviving spouse had to either
have been married to the deceased employee for at
least two years immediately preceding the employee's
death or been the parent of a child by that marriage.
The "length of marriage" requirement (which has since
been reduced to one year) is intended to avoid the
acquisition of valuable survivor benefits by people
who might marry employees or annuitants for that purpose.
2
Walma and Obert Thompson were married on August 19,
1944, were divorced on May 26, 1970, and remarried
each other on October 10, 1971. Obert Thompson
died on March 9, 1973. The Civil Service Commission
(CSC) could not award Mrs. Thompson a survivor's
benefit, since her second marriage to Mr. Thompson
did not last for two years immediately preceding
his death, and since the Thompsons had no children
during their remarriage.
H.R. 6156 would deem Mrs. Thompson to have been
married to Obert Thompson for the two-year
period before his death, and would authorize the
payment of benefits to her retroactively, from the
day after Mr. Thompson's death. The back-payment would
be made in a lump sum.
In reporting to the 93rd Congress on predecessor
legislation, CSC pointed out that while it has
consistently opposed paying benefits in cases of
"deathbed" marriages, it did not believe this
concern applies to the case of Mrs. Thompson, in
which the years of the first and second marriages
total over 27 years. CSC indicated that if the
Congress determined that the special circumstances
of this case warrant relief, it would not object.
Congress has now made such a determination. CSC
recommends approval of the enrolled bill, and we
concur.
James m. Director Trey for
Legislative Reference
Enclosures
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 17
Time: 938mm
FOR ACTION: Max Friedersdorf
cc (for information): Jack Marsh
Ken Lazarus
Jim Cavanaugh
David Lissy
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: August 17
Time: 1100am
SUBJECT:
H.R. 6156-for the relief of Walma Thompson
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
-
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
SEALED TORD LIBRARY
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
UNITED
STATE
UNITED STATES CIVIL SERVICE COMMISSION
CIVIL NOISSIMENT SERVICE
WASHINGTON, D.C. 20415
CHAIRMAN
August 16, 1976
Honorable James T. Lynn
Director, Office of Management and Budget
Executive Office of the President
Washington, D. C. 20503
Attention: Assistant Director for
Legislative Reference
Dear Mr. Lynn:
This is in reply to your request for the Commission's views on enrolled
bill, H.R. 6156 "For the relief of Mrs. Walma T. Thompson."
The enrolled bill would deem Mrs. Walma T. Thompson to be the "widow" of
former Federal employee Obert O. Thompson for Civil Service Retirement
purposes (5 U.S.C. 8341(a)). The bill, would authorize the payment of a
survivor annuity benefit to Mrs. Thompson beginning the day after
Mr. Thompson's death on March 9, 1973. The monthly survivor annuity pay-
able would be $587.00 effective March 1, 1976, and a lump-sum of $20216.13
representing accrued annuity due from March 10, 1973 through July 31, 1976
would also be payable.
At the time of Mr. Thompson's death, in order to qualify for a survivor
annuity under the Civil Service Retirement law, the surviving spouse of
a deceased employee must have been a "widow" or "widower" as defined by
the retirement law, which means (a) be the surviving spouse who was mar-
ried to the employee for at least two years immediately preceding his
death or (b) be the parent of issue by that marriage.
The Commission is without authority under the retirement law to pay
Mrs. Thompson a survivor benefit. On her application Mrs. Thompson
stated that she and the deceased were married on August 19, 1944, were
divorced on May 26, 1970 and remarried each other on October 10, 1971.
Mr. Thompson died on March 9, 1973. Accordingly, although Mrs. Thompson's
first marriage to the decedent lasted for a period of almost 26 years, the
subsequent second marriage existed for a period of only 1 year and 4 months.
Thus, Mrs. Thompson did not meet the definition of "widow" set out in the
retirement law because she had not been married to the decedent for 2 years
immediately preceding his death nor was she the mother of issue by that
marriage.
2
The length of marriage requirement, currently 1 year, in the retirement law
for a survivor annuitant is intended to avoid the acquistion of valuable
survivor benefits by people who might marry employees or annuitants for that
purpose. While the Commission has consistently opposed paying benefits in
cases of short-term marriages, the issue in the present case is one of pay-
ing a survivor annuity where the deceased employee and the surviving spouse
had been married for a total of over 27 years (during which time they were
divorced for a period of only 1 year and 5 months).
Since the Congress has determined that the special circumstances of this
case warrant relief, the Commission has no objection and, accordingly re-
commends that the President sign enrolled bill H.R. 6156.
By direction of the Commission:
Sincerely yours,
Robert Chairman Hampton
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 17
Time: 930am
FOR ACTION: Max Friedersdorf
cc (for information): Jack Marsh
Ken Lazarus
Jim Cavanaugh
David Lissy
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: August 17
Time: 1100am
SUBJECT:
H.R. 6156-for the relief of Walma Thompson
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
No objection - -- Ken Lazarus
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
For James M. Cannon
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 17
Time: 930am
FOR ACTION: Max Friedersdorf
cc (for information): Jack Marsh
Ken Lazarus
Jim Cavanaugh
David Lissy
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: August 17
Time: 1100am
SUBJECT:
H.R. 6156-for the relief of Walma Thompson
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
working
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
For James N. Cannon
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: August 17
Time: 930am
FOR ACTION: Max Friedersdorf RKW cc (for information): Jack Marsh
Ken Lazarus
Jim Cavanaugh
David Lissy
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: August 17
Time: 1100am
SUBJECT:
H.R. 6156- for the relief of Walma Thompson
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
For James M. Cannon
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
STATE
WASHINGTON, D.C. 20503
8-16-45pm.
AUG 16 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 6156 - For the relief
of Walma T. Thompson
Sponsor - Rep. Mikva (D) Illinois
Last Day for Action
August 23, 1976 - Monday
Purpose
Entitles Mrs. Thompson to a civil service survivor's
annuity by deeming her to have been married to
Obert O. Thompson for the period of time prior to
his death that is required by civil service
retirement law.
Agency Recommendations
Office of Management and Budget
Approval
Civil Service Commission
Approval Informally)
Discussion
H.R. 6156 arises from circumstances very similar to
those in a private relief bill which you approved
on August 6, 1976, for Mrs. Mildred N. Crumley
(Pr. L. 94-57).
Under the civil service retirement law at the time of
Obert O. Thompson's death, in order to qualify for a
survivor's annuity, the surviving spouse had to either
have been married to the deceased employee for at
least two years immediately preceding the employee's
death or been the parent of a child by that marriage.
The "length of marriage" requirement (which has since
been reduced to one year) is intended to avoid the
acquisition of valuable survivor benefits by people
who might marry employees or annuitants for that purpose.
Attached document was not scanned because it is duplicated elsewhere in the document
94TH CONGRESS
-
HOUSE OF REPRESENTATIVES
REPORT
1st Session
No. 94-436
WALMA T. THOMPSON
JULY 31, 1975.-Committed to the Committee of the Whole House and
ordered to be printed
Mr. MOORHEAD, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 6156]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 6156) for the relief of Walma T. Thompson, having considered
the same, report favorably thereon without amendment and recom-
mend that the bill do pass.
PURPOSE
The purpose of the proposed legislation is to provide that for pur-
poses of section 8341 of title 5, United States Code, Walma T. Thomp-
son of Niles, Ill., widow of Obert O. Thompson, is deemed to have
been married to Obert O. Thompson for the 2-year period before his
death on March 9, 1973.
The bill also provides that for the purposes of chapter 83 of title 5,
United States Code, any entitlement of Walma T. Thompson to a
survivor annuity is to be effective as of the day after the date of death
of Obert O. Thompson, and any survivor annuity payments for the
period before the date of the enactment of the bill are to be made in
a lump sum.
STATEMENT
The U.S. Civil Service Commission in a report to the committee on
the bill indicates that it has no objection to the bill.
The bill would deem Mrs. Walma T. Thompson to be the widow of
deceased Federal employee Obert O. Thompson for Civil Service Re-
tirement law purposes (5 U.S.C. 8341 (a)). It would authorize the pay-
ment of a survivor annuity benefit to Mrs. Thompson beginning the
first calendar month after enactment of the bill. The monthly survivor
annuity rate would amount to approximately $416.
To qualify for a survivor annuity under the Civil Service Retire-
ment law as the surviving spouse of a deceased Federal employee, the
57-007
2
3
spouse must be a "widow" or "widower" as defined by the retirement
The Commission is without authority under the Civil Service Re-
law, which means (a) be the surviving spouse who was married to the
tirement law to pay Mrs. Thompson a survivor annuity benefit. The
employee for at least 2 years immediately preceding his death or (b)
Thompsons were married on August 19, 1944 and were divorced on
be the parent of a child by that marriage (5 U.S.C. 8341(a)).
May 26, 1970. They remarried each other on October 10, 1971. Mr.
The Commission reports to the committee that it is without author-
Thompson died, however, on March 9, 1973, less than two years after
ity under the Civil Service Retirement law to pay Mrs. Thompson a
the remarriage, and since the Thompsons had no children during their
survivor annuity benefit. The Thompsons were married on August 19,
remarriage, Mrs. Thompson does not meet the definition of "widow"
1944 and were divorced on May 26, 1970. They remarried each other
set out in the retirement law.
on October 10, 1971. Mr. Thompson died, however, on March 9, 1973,
The eligibility requirements in the retirement law for a spouse sur-
less than 2 years after the remarriage, and since the Thompsons had
vivor annuitant are designed to prevent acquisition of valuable sur-
no children during their remarriage. Mrs. Thompson does not meet
vivor benefits by people who might marry employees of annuitants for
the definition of "widow" set out in the retirement law.
that purpose. The present annuity reduction required to provide bene-
The eligibility requirements in the retirement law for a spouse sur-
fits for a surviving spouse, made over the lifetime of the retiree, is not
vivor annuitant are designed to prevent acquisition of valuable sur-
nearly sufficient to pay the cost of providing spouse survivor annuities
vivor benefits by people who might marry employees or annuitants
already authorized by the retirement law, not to mention the cost of
for that purpose.
adverse selection which would result from paying spouse survivor an-
In its report, the U.S. Civil Service Commission referred to the pol-
nuities in "deathbed" marriage cases. While the Commission has con-
icy which gives rise to the limitation which has operated to deny Mrs.
sistently opposed paying benefits in cases of "deathbed" marriages, we
Thompson an annuity in this instance. However, the Commission noted
do not believe this concern applies to the present case, in which the
that this is a case which merits an exception and found that the policy
years of a first and second marriage total over 27 years.
against so-called deathbed marriages should not be invoked in an
Accordingly, if the Congress determines that the special circum-
instance such as this in which the years of a first and second marriage
stances of this case warrant relief, the Commission would not object to
total over 27. Specifically, the Commission stated in its report as
enactment of H.R. 10788.
follows:
If the Committee wishes to give favorable consideration to H.R.
While the Commission has consistently opposed paying
10788, there are certain technical changes that should be made in the
benefits in cases of "deathbed" marriages, we do not believe
text.
this concern applies to the present case, in which the years
The Office of Management and Budget advises that from the stand-
of a first and second marriage total over 27 years."
point of the Administration's program there is no objection to the sub-
The committee agrees that this is an appropriate case for legislative
mission of this report.
relief and recommends that the bill be considered favorably.
By direction of the Commission
U.S. CIVIL SERVICE COMMISSION,
Sincerely yours,
Washington, D.C., February 4, 1974.
ROBERT HAMPTON, Chairman.
Hon. PETER W. RODINO, JR.,
Chairman, Committee on the Judiciary,
House of Representatives,
Washington, D.C.
DEAR MR. CHAIRMAN This is in further reply to your request for the
Commission's views on H.R. 10788, a bill "For the relief of Walma T.
Thompson."
H.R. 10788 would deem Mrs. Walma T. Thompson to be the
"widow" of deceased Federal employee Obert O. Thompson for Civil
Service Retirement law purposes (5 U.S.C. 8341 As we construe
the bill, it would authorize the payment of a survivor annuity benefit
to Mrs. Thompson beginning the first calendar month after enactment
of the bill. The monthly survivor annuity rate would amount to ap-
proximately $416.00.
To quality for a survivor annuity under the Civil Service Retire-
ment law as the surviving spouse of a deceased Federal employee, the
spouse must be a "widow" or "widower" as defined by the retirement
law, which means (a) be the surviving spouse who was married to the
employee for at least two years immediately preceding his death or
(b) be the parent of a child by that marriage (5 U.S.C. 8341 (a)).
H.R. 436
H.R. 436
Calendar No. 1071
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-1136
WALMA T. THOMPSON
AUGUST 6, 1976.-Ordered to be printed
Mr. EASTLAND, from the Committee on the Judiciary,
submitted the following
REPORT
[To accompany H.R. 6156]
The Committee on the Judiciary, to which was referred the bill
(H.R. 6156) for the relief of Walma T. Thompson, having consid-
ered the same, reports favorably thereon, without amendment, and
recommends that the bill do pass.
PURPOSE
The purpose of the bill is to provide that for purposes of section
8341 of title 5, United States Code, Walma T. Thompson of Niles, Ill.,
widow of Obert O. Thompson, is deemed to have been married to
Obert O. Thompson for the 2-year period before his death on March
9, 1973.
The bill also provides that for the purposes of chapter 83 of title 5,
United States Code, any entitlement of Walma T. Thompson to a
survivor annuity is to be effective as of the day after the date of death
of Obert O. Thompson, and any survivor annuity payments for the
period before the date of the enactment of the bill are to be made in
a lump sum.
STATEMENT
The facts of the case as contained in the House report are as follows: :
The U.S. Civil Service Commission in a report to the com-
mittee on the bill indicates that it has no objection to the bill.
57-007
2
3
The bill would deem Mrs. Walma T. Thompson to be the
The Committee believes the bill is meritorious and recommends it
widow of deceased Federal employee Obert O. Thompson for
favorably.
Civil Service Retirement law purposes (5 U.S.C. 8341 (a)).
Attached and made a part of this report is a letter from the U.S.
It would authorize the payment of a survivor annuity bene-
Civil Service Commission to the House Committee on the Judiciary
fit to Mrs. Thompson beginning the first calendar month
in regard to H.R. 10788, a similar bill in the 93d Congress.
after enactment of the bill. The monthly survivor annuity
rate would amount to approximately $416.
U.S. CIVIL SERVICE Commission,
To qualify for a survivor annuity under the Civil Service
Washington, D.C., February 4, 1974.
Retirement law as the surviving spouse of a deceased Federal
Hon. PETER W. RODINO, JR.,
employee, the spouse must be a "widow" or "widower" as
Chairman, Committee on the Judiciary,
defined by the retirement law, which means (a) be the surviv-
House of Representatives,
ing spouse who was married to the employee for at least 2
Washington, D.C.
years immediately preceding his death or (b) be the parent
DEAR MR. CHAIRMAN This is in further reply to your request for the
of a child by that marriage (5 U.S.C. 8341 (a)).
Commission's views on H.R. 10788, a bill "For the relief of Walma T.
The Commission reports to the committee that it is without
Thompson."
authority under the Civil Service Retirement law to pay
H.R. 10788 would deem Mrs. Walma T. Thompson to be the
Mrs. Thompson a survivor annuity benefit. The Thompsons
"widow" of deceased Federal employee Obert O. Thompson for Civil
were married on August 19, 1944 and were divorced on May
Service Retirement law purposes (5 U.S.C. 8341 (a)). As we construe
26, 1970. They remarried each other on October 10, 1971. Mr.
the bill. it would authorize the payment of a survivor annuity benefit
Thompson died, however, on March 9. 1973, less than 2 years
to Mrs. Thompson beginning the first calendar month after enactment
after the remarriage, and since the Thompsons had no chil-
of the bill. The monthly survivor annuity rate would amount to ap-
dren during their remarriage, Mrs. Thompson does not meet
proximately $416.00.
the definition of "widow" set out in the retirement law.
To quality for a survivor annuity under the Civil Service Retire-
The eligibility requirements in the retirement law for a
ment law as the surviving spouse of a deceased Federal employee, the
spouse survivor annuitant are designed to prevent acquisition
spouse must be a "widow" or "widower" as defined by the retirement
of valuable survivor benefits by people who might marry
law, which means (a) be the surviving spouse who was married to the
employees or annuitants for that purpose.
employee for at least two years immediately preceding his death or
In its report, the U.S. Civil Service Commission referred
(b) be the parent of a child by that marriage (5 U.S.C. 8341 (a))
to the policy which gives rise to the limitation which has
The Commission is without authority under the Civil Service Re-
operated to deny Mrs. Thompson an annuity in this instance.
firement law to pay Mrs. Thompson a survivor annuity benefit. The
However, the Commission noted that this is a case which
Thompsons were married on August 19, 1944 and were divorced on
merits an exception and found that the policy against so-
May 26, 1970. They remarried each other on October 10, 1971. Mr.
called deathbed marriages should not be invoked in an in-
Thompson died, however, on March 9, 1973, less than two years after
stance such as this in which the years of a first and second
the remarriage, and since the Thompsons had no children during their
marriage total over 27. Specifically, the Commission stated in
remarriage, Mrs. Thompson does not meet the definition of "widow"
its report as follows:
set out in the retirement law.
"While the Commission has consistently opposed paying
The eligibility requirements in the retirement law for a spouse sur-
benefits in case of 'deathbed' marriages, we do not believe
vivor annuitant are designed to prevent acquisition of valuable sur-
this concern applies to the present case, in which the years of
vivor benefits by people who might marry employees of annuitants for
a first and second marriage total over 27 years."
that purpose. The present annuity reduction required to provide bene-
The committee agrees that this is an appropriate case for
fits for a surviving spouse, made over the lifetime of the retiree, is not
legislative relief and recommends that the bill be considered
nearly sufficient to pay the cost of providing spouse survivor annuities
favorably.
already authorized by the retirement law, not to mention the cost of
The technical changes that were recommended in the report of the
adverse selection which would result from paying spouse survivor an-
U.S. Civil Service Commission sent to the House Committee on the
nuities in "deathbed" marriage cases. While the Commission has con-
Judiciary in regard to H.R. 10788, a similar bill in the 93d Congress,
sistently opposed paying benefits in cases of "deathbed" marriages, we
have been incorporated into the text of H.R. 6156.
do not believe this concern applies to the present case, in which the
years of a first and second marriage total over 27 years.
S.R. 1136
S.R. 1136
4
Accordingly, if the Congress determines that the special circu-
stances of this case warrant relief, the Commission would not object to
enactment of H.R. 10788.
If the Committee wishes to give favorable consideration to H.R.
10788, there are certain technical changes that should be made in the
text.
The Office of Management and Budget advises that from the stand-
point of the Administration's program there is no objection to the sub-
mission of this report.
By direction of the Commission:
Sincerely yours,
ROBERT HAMPTON, Chairman.
S.R. 1136
H. R. 6156
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
For the relief of Walma T. Thompson.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, for purposes
of section 8341 of title 5, United States Code, Walma T. Thompson
of Niles, Illinois, widow of Obert O. Thompson, is deemed to have
been married to Obert O. Thompson for the two-year period before
his death on March 9, 1973. Walma T. Thompson and Obert O.
Thompson were married for approximately twenty-seven years, and
were married at the time of his death, but, because of an intervening
divorce, Walma T. Thompson is not eligible, but for this Act, to
receive a survivor annuity under this section.
SEC. 2. For purposes of chapter 83 of title 5, United States Code,
any entitlement of Walma T. Thompson to a survivor annuity by
reason of the first section of this Act shall be effective as of the day
after the date of death of Obert O. Thompson. Any survivor annuity
payments to which Walma T. Thompson is SO entitled for the period
before the date of the enactment of this Act shall be made in a lump
sum.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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"ocrText": "The original documents are located in Box 54, folder \"8/19/76 HR6156 Relief of Walma T\nThompson\" of the White House Records Office: Legislation Case Files at the Gerald R.\nFord Presidential Library\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nAPPROVED AUG19/1976\n& 8/19/76\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nLast Day: August 23\nAugust 17, 1976\nMEMORANDUM FOR\nTHE PRESIDENT\nPosted\nFROM:\nJIM CANNON\n8/21/76\nSUBJECT:\nH.R. 6156 - For the Relief of\nWalma T. Thompson\narchives\nAttached for your consideration is H.R. 6156, sponsored by\n8/23/76\nRepresentative Mikva.\nThe enrolled bill entitles Mrs. Alma Thompson to a civil\nservice annuity by deeming her to have been married to\nObert O. Thompson for the period of time prior to his\ndeath that is required by civil service retirement law.\nThe Thompsons were married in 1944 and divorced in 1970\nbut remarried in 1971. Mr. Thompson died on March 9, 1973\nand since the duration of the second marriage was 8 months\nless than the two years required by the civil service\nretirement law, she has been unable to receive survivor's\nbenefits. The circumstances of the enrolled bill are similar\nto Pr. L. 94-57, which you approved on August 6.\nAdditional information is provided in OMB's enrolled bill\nreport at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus) and I\nrecommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign H.R. 6156 at Tab B.\nFORD A LIBRARY 07VH30\nDigitized from Box 54 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nOF TIME\n$\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nSTATE\nWASHINGTON, D.C. 20503\nAUG 16 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 6156 - For the relief\nof Walma T. Thompson\nSponsor - Rep. Mikva (D) Illinois\nLast Day for Action\nAugust 23, 1976 - Monday\nPurpose\nEntitles Mrs. Thompson to a civil service survivor's\nannuity by deeming her to have been married to\nObert O. Thompson for the period of time prior to\nhis death that is required by civil service\nretirement law.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nCivil Service Commission\nApproval\ncrmally)\nDiscussion\nH.R. 6156 arises from circumstances very similar to\nthose in a private relief bill which you approved\non August 6, 1976, for Mrs. Mildred N. Crumley\n(Pr. L. 94-57).\nUnder the civil service retirement law at the time of\nObert O. Thompson's death, in order to qualify for a\nsurvivor's annuity, the surviving spouse had to either\nhave been married to the deceased employee for at\nleast two years immediately preceding the employee's\ndeath or been the parent of a child by that marriage.\nThe \"length of marriage\" requirement (which has since\nbeen reduced to one year) is intended to avoid the\nacquisition of valuable survivor benefits by people\nwho might marry employees or annuitants for that purpose.\n2\nWalma and Obert Thompson were married on August 19,\n1944, were divorced on May 26, 1970, and remarried\neach other on October 10, 1971. Obert Thompson\ndied on March 9, 1973. The Civil Service Commission\n(CSC) could not award Mrs. Thompson a survivor's\nbenefit, since her second marriage to Mr. Thompson\ndid not last for two years immediately preceding\nhis death, and since the Thompsons had no children\nduring their remarriage.\nH.R. 6156 would deem Mrs. Thompson to have been\nmarried to Obert Thompson for the two-year\nperiod before his death, and would authorize the\npayment of benefits to her retroactively, from the\nday after Mr. Thompson's death. The back-payment would\nbe made in a lump sum.\nIn reporting to the 93rd Congress on predecessor\nlegislation, CSC pointed out that while it has\nconsistently opposed paying benefits in cases of\n\"deathbed\" marriages, it did not believe this\nconcern applies to the case of Mrs. Thompson, in\nwhich the years of the first and second marriages\ntotal over 27 years. CSC indicated that if the\nCongress determined that the special circumstances\nof this case warrant relief, it would not object.\nCongress has now made such a determination. CSC\nrecommends approval of the enrolled bill, and we\nconcur.\nJames m. Director Trey for\nLegislative Reference\nEnclosures\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 17\nTime: 938mm\nFOR ACTION: Max Friedersdorf\ncc (for information): Jack Marsh\nKen Lazarus\nJim Cavanaugh\nDavid Lissy\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date: August 17\nTime: 1100am\nSUBJECT:\nH.R. 6156-for the relief of Walma Thompson\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\n-\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nplease return to judy johnston, ground floor west wing\nSEALED TORD LIBRARY\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately.\nFor the President\nUNITED\nSTATE\nUNITED STATES CIVIL SERVICE COMMISSION\nCIVIL NOISSIMENT SERVICE\nWASHINGTON, D.C. 20415\nCHAIRMAN\nAugust 16, 1976\nHonorable James T. Lynn\nDirector, Office of Management and Budget\nExecutive Office of the President\nWashington, D. C. 20503\nAttention: Assistant Director for\nLegislative Reference\nDear Mr. Lynn:\nThis is in reply to your request for the Commission's views on enrolled\nbill, H.R. 6156 \"For the relief of Mrs. Walma T. Thompson.\"\nThe enrolled bill would deem Mrs. Walma T. Thompson to be the \"widow\" of\nformer Federal employee Obert O. Thompson for Civil Service Retirement\npurposes (5 U.S.C. 8341(a)). The bill, would authorize the payment of a\nsurvivor annuity benefit to Mrs. Thompson beginning the day after\nMr. Thompson's death on March 9, 1973. The monthly survivor annuity pay-\nable would be $587.00 effective March 1, 1976, and a lump-sum of $20216.13\nrepresenting accrued annuity due from March 10, 1973 through July 31, 1976\nwould also be payable.\nAt the time of Mr. Thompson's death, in order to qualify for a survivor\nannuity under the Civil Service Retirement law, the surviving spouse of\na deceased employee must have been a \"widow\" or \"widower\" as defined by\nthe retirement law, which means (a) be the surviving spouse who was mar-\nried to the employee for at least two years immediately preceding his\ndeath or (b) be the parent of issue by that marriage.\nThe Commission is without authority under the retirement law to pay\nMrs. Thompson a survivor benefit. On her application Mrs. Thompson\nstated that she and the deceased were married on August 19, 1944, were\ndivorced on May 26, 1970 and remarried each other on October 10, 1971.\nMr. Thompson died on March 9, 1973. Accordingly, although Mrs. Thompson's\nfirst marriage to the decedent lasted for a period of almost 26 years, the\nsubsequent second marriage existed for a period of only 1 year and 4 months.\nThus, Mrs. Thompson did not meet the definition of \"widow\" set out in the\nretirement law because she had not been married to the decedent for 2 years\nimmediately preceding his death nor was she the mother of issue by that\nmarriage.\n2\nThe length of marriage requirement, currently 1 year, in the retirement law\nfor a survivor annuitant is intended to avoid the acquistion of valuable\nsurvivor benefits by people who might marry employees or annuitants for that\npurpose. While the Commission has consistently opposed paying benefits in\ncases of short-term marriages, the issue in the present case is one of pay-\ning a survivor annuity where the deceased employee and the surviving spouse\nhad been married for a total of over 27 years (during which time they were\ndivorced for a period of only 1 year and 5 months).\nSince the Congress has determined that the special circumstances of this\ncase warrant relief, the Commission has no objection and, accordingly re-\ncommends that the President sign enrolled bill H.R. 6156.\nBy direction of the Commission:\nSincerely yours,\nRobert Chairman Hampton\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 17\nTime: 930am\nFOR ACTION: Max Friedersdorf\ncc (for information): Jack Marsh\nKen Lazarus\nJim Cavanaugh\nDavid Lissy\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date: August 17\nTime: 1100am\nSUBJECT:\nH.R. 6156-for the relief of Walma Thompson\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nplease return to judy johnston, ground floor west wing\nNo objection - -- Ken Lazarus\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nFor James M. Cannon\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 17\nTime: 930am\nFOR ACTION: Max Friedersdorf\ncc (for information): Jack Marsh\nKen Lazarus\nJim Cavanaugh\nDavid Lissy\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date: August 17\nTime: 1100am\nSUBJECT:\nH.R. 6156-for the relief of Walma Thompson\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX For Your Comments\nDraft Remarks\nREMARKS:\nplease return to judy johnston, ground floor west wing\nworking\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nFor James N. Cannon\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.:\nDate: August 17\nTime: 930am\nFOR ACTION: Max Friedersdorf RKW cc (for information): Jack Marsh\nKen Lazarus\nJim Cavanaugh\nDavid Lissy\nEd Schmults\nFROM THE STAFF SECRETARY\nDUE: Date: August 17\nTime: 1100am\nSUBJECT:\nH.R. 6156- for the relief of Walma Thompson\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nX\nFor Your Comments\nDraft Remarks\nREMARKS:\nplease return to judy johnston, ground floor west wing\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nFor James M. Cannon\nEXECUTIVE OFFICE OF THE PRESIDENT\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nSTATE\nWASHINGTON, D.C. 20503\n8-16-45pm.\nAUG 16 1976\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 6156 - For the relief\nof Walma T. Thompson\nSponsor - Rep. Mikva (D) Illinois\nLast Day for Action\nAugust 23, 1976 - Monday\nPurpose\nEntitles Mrs. Thompson to a civil service survivor's\nannuity by deeming her to have been married to\nObert O. Thompson for the period of time prior to\nhis death that is required by civil service\nretirement law.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nCivil Service Commission\nApproval Informally)\nDiscussion\nH.R. 6156 arises from circumstances very similar to\nthose in a private relief bill which you approved\non August 6, 1976, for Mrs. Mildred N. Crumley\n(Pr. L. 94-57).\nUnder the civil service retirement law at the time of\nObert O. Thompson's death, in order to qualify for a\nsurvivor's annuity, the surviving spouse had to either\nhave been married to the deceased employee for at\nleast two years immediately preceding the employee's\ndeath or been the parent of a child by that marriage.\nThe \"length of marriage\" requirement (which has since\nbeen reduced to one year) is intended to avoid the\nacquisition of valuable survivor benefits by people\nwho might marry employees or annuitants for that purpose.\nAttached document was not scanned because it is duplicated elsewhere in the document\n94TH CONGRESS\n-\nHOUSE OF REPRESENTATIVES\nREPORT\n1st Session\nNo. 94-436\nWALMA T. THOMPSON\nJULY 31, 1975.-Committed to the Committee of the Whole House and\nordered to be printed\nMr. MOORHEAD, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[To accompany H.R. 6156]\nThe Committee on the Judiciary, to whom was referred the bill\n(H.R. 6156) for the relief of Walma T. Thompson, having considered\nthe same, report favorably thereon without amendment and recom-\nmend that the bill do pass.\nPURPOSE\nThe purpose of the proposed legislation is to provide that for pur-\nposes of section 8341 of title 5, United States Code, Walma T. Thomp-\nson of Niles, Ill., widow of Obert O. Thompson, is deemed to have\nbeen married to Obert O. Thompson for the 2-year period before his\ndeath on March 9, 1973.\nThe bill also provides that for the purposes of chapter 83 of title 5,\nUnited States Code, any entitlement of Walma T. Thompson to a\nsurvivor annuity is to be effective as of the day after the date of death\nof Obert O. Thompson, and any survivor annuity payments for the\nperiod before the date of the enactment of the bill are to be made in\na lump sum.\nSTATEMENT\nThe U.S. Civil Service Commission in a report to the committee on\nthe bill indicates that it has no objection to the bill.\nThe bill would deem Mrs. Walma T. Thompson to be the widow of\ndeceased Federal employee Obert O. Thompson for Civil Service Re-\ntirement law purposes (5 U.S.C. 8341 (a)). It would authorize the pay-\nment of a survivor annuity benefit to Mrs. Thompson beginning the\nfirst calendar month after enactment of the bill. The monthly survivor\nannuity rate would amount to approximately $416.\nTo qualify for a survivor annuity under the Civil Service Retire-\nment law as the surviving spouse of a deceased Federal employee, the\n57-007\n2\n3\nspouse must be a \"widow\" or \"widower\" as defined by the retirement\nThe Commission is without authority under the Civil Service Re-\nlaw, which means (a) be the surviving spouse who was married to the\ntirement law to pay Mrs. Thompson a survivor annuity benefit. The\nemployee for at least 2 years immediately preceding his death or (b)\nThompsons were married on August 19, 1944 and were divorced on\nbe the parent of a child by that marriage (5 U.S.C. 8341(a)).\nMay 26, 1970. They remarried each other on October 10, 1971. Mr.\nThe Commission reports to the committee that it is without author-\nThompson died, however, on March 9, 1973, less than two years after\nity under the Civil Service Retirement law to pay Mrs. Thompson a\nthe remarriage, and since the Thompsons had no children during their\nsurvivor annuity benefit. The Thompsons were married on August 19,\nremarriage, Mrs. Thompson does not meet the definition of \"widow\"\n1944 and were divorced on May 26, 1970. They remarried each other\nset out in the retirement law.\non October 10, 1971. Mr. Thompson died, however, on March 9, 1973,\nThe eligibility requirements in the retirement law for a spouse sur-\nless than 2 years after the remarriage, and since the Thompsons had\nvivor annuitant are designed to prevent acquisition of valuable sur-\nno children during their remarriage. Mrs. Thompson does not meet\nvivor benefits by people who might marry employees of annuitants for\nthe definition of \"widow\" set out in the retirement law.\nthat purpose. The present annuity reduction required to provide bene-\nThe eligibility requirements in the retirement law for a spouse sur-\nfits for a surviving spouse, made over the lifetime of the retiree, is not\nvivor annuitant are designed to prevent acquisition of valuable sur-\nnearly sufficient to pay the cost of providing spouse survivor annuities\nvivor benefits by people who might marry employees or annuitants\nalready authorized by the retirement law, not to mention the cost of\nfor that purpose.\nadverse selection which would result from paying spouse survivor an-\nIn its report, the U.S. Civil Service Commission referred to the pol-\nnuities in \"deathbed\" marriage cases. While the Commission has con-\nicy which gives rise to the limitation which has operated to deny Mrs.\nsistently opposed paying benefits in cases of \"deathbed\" marriages, we\nThompson an annuity in this instance. However, the Commission noted\ndo not believe this concern applies to the present case, in which the\nthat this is a case which merits an exception and found that the policy\nyears of a first and second marriage total over 27 years.\nagainst so-called deathbed marriages should not be invoked in an\nAccordingly, if the Congress determines that the special circum-\ninstance such as this in which the years of a first and second marriage\nstances of this case warrant relief, the Commission would not object to\ntotal over 27. Specifically, the Commission stated in its report as\nenactment of H.R. 10788.\nfollows:\nIf the Committee wishes to give favorable consideration to H.R.\nWhile the Commission has consistently opposed paying\n10788, there are certain technical changes that should be made in the\nbenefits in cases of \"deathbed\" marriages, we do not believe\ntext.\nthis concern applies to the present case, in which the years\nThe Office of Management and Budget advises that from the stand-\nof a first and second marriage total over 27 years.\"\npoint of the Administration's program there is no objection to the sub-\nThe committee agrees that this is an appropriate case for legislative\nmission of this report.\nrelief and recommends that the bill be considered favorably.\nBy direction of the Commission\nU.S. CIVIL SERVICE COMMISSION,\nSincerely yours,\nWashington, D.C., February 4, 1974.\nROBERT HAMPTON, Chairman.\nHon. PETER W. RODINO, JR.,\nChairman, Committee on the Judiciary,\nHouse of Representatives,\nWashington, D.C.\nDEAR MR. CHAIRMAN This is in further reply to your request for the\nCommission's views on H.R. 10788, a bill \"For the relief of Walma T.\nThompson.\"\nH.R. 10788 would deem Mrs. Walma T. Thompson to be the\n\"widow\" of deceased Federal employee Obert O. Thompson for Civil\nService Retirement law purposes (5 U.S.C. 8341 As we construe\nthe bill, it would authorize the payment of a survivor annuity benefit\nto Mrs. Thompson beginning the first calendar month after enactment\nof the bill. The monthly survivor annuity rate would amount to ap-\nproximately $416.00.\nTo quality for a survivor annuity under the Civil Service Retire-\nment law as the surviving spouse of a deceased Federal employee, the\nspouse must be a \"widow\" or \"widower\" as defined by the retirement\nlaw, which means (a) be the surviving spouse who was married to the\nemployee for at least two years immediately preceding his death or\n(b) be the parent of a child by that marriage (5 U.S.C. 8341 (a)).\nH.R. 436\nH.R. 436\nCalendar No. 1071\n94TH CONGRESS\nSENATE\nREPORT\n2d Session\nNo. 94-1136\nWALMA T. THOMPSON\nAUGUST 6, 1976.-Ordered to be printed\nMr. EASTLAND, from the Committee on the Judiciary,\nsubmitted the following\nREPORT\n[To accompany H.R. 6156]\nThe Committee on the Judiciary, to which was referred the bill\n(H.R. 6156) for the relief of Walma T. Thompson, having consid-\nered the same, reports favorably thereon, without amendment, and\nrecommends that the bill do pass.\nPURPOSE\nThe purpose of the bill is to provide that for purposes of section\n8341 of title 5, United States Code, Walma T. Thompson of Niles, Ill.,\nwidow of Obert O. Thompson, is deemed to have been married to\nObert O. Thompson for the 2-year period before his death on March\n9, 1973.\nThe bill also provides that for the purposes of chapter 83 of title 5,\nUnited States Code, any entitlement of Walma T. Thompson to a\nsurvivor annuity is to be effective as of the day after the date of death\nof Obert O. Thompson, and any survivor annuity payments for the\nperiod before the date of the enactment of the bill are to be made in\na lump sum.\nSTATEMENT\nThe facts of the case as contained in the House report are as follows: :\nThe U.S. Civil Service Commission in a report to the com-\nmittee on the bill indicates that it has no objection to the bill.\n57-007\n2\n3\nThe bill would deem Mrs. Walma T. Thompson to be the\nThe Committee believes the bill is meritorious and recommends it\nwidow of deceased Federal employee Obert O. Thompson for\nfavorably.\nCivil Service Retirement law purposes (5 U.S.C. 8341 (a)).\nAttached and made a part of this report is a letter from the U.S.\nIt would authorize the payment of a survivor annuity bene-\nCivil Service Commission to the House Committee on the Judiciary\nfit to Mrs. Thompson beginning the first calendar month\nin regard to H.R. 10788, a similar bill in the 93d Congress.\nafter enactment of the bill. The monthly survivor annuity\nrate would amount to approximately $416.\nU.S. CIVIL SERVICE Commission,\nTo qualify for a survivor annuity under the Civil Service\nWashington, D.C., February 4, 1974.\nRetirement law as the surviving spouse of a deceased Federal\nHon. PETER W. RODINO, JR.,\nemployee, the spouse must be a \"widow\" or \"widower\" as\nChairman, Committee on the Judiciary,\ndefined by the retirement law, which means (a) be the surviv-\nHouse of Representatives,\ning spouse who was married to the employee for at least 2\nWashington, D.C.\nyears immediately preceding his death or (b) be the parent\nDEAR MR. CHAIRMAN This is in further reply to your request for the\nof a child by that marriage (5 U.S.C. 8341 (a)).\nCommission's views on H.R. 10788, a bill \"For the relief of Walma T.\nThe Commission reports to the committee that it is without\nThompson.\"\nauthority under the Civil Service Retirement law to pay\nH.R. 10788 would deem Mrs. Walma T. Thompson to be the\nMrs. Thompson a survivor annuity benefit. The Thompsons\n\"widow\" of deceased Federal employee Obert O. Thompson for Civil\nwere married on August 19, 1944 and were divorced on May\nService Retirement law purposes (5 U.S.C. 8341 (a)). As we construe\n26, 1970. They remarried each other on October 10, 1971. Mr.\nthe bill. it would authorize the payment of a survivor annuity benefit\nThompson died, however, on March 9. 1973, less than 2 years\nto Mrs. Thompson beginning the first calendar month after enactment\nafter the remarriage, and since the Thompsons had no chil-\nof the bill. The monthly survivor annuity rate would amount to ap-\ndren during their remarriage, Mrs. Thompson does not meet\nproximately $416.00.\nthe definition of \"widow\" set out in the retirement law.\nTo quality for a survivor annuity under the Civil Service Retire-\nThe eligibility requirements in the retirement law for a\nment law as the surviving spouse of a deceased Federal employee, the\nspouse survivor annuitant are designed to prevent acquisition\nspouse must be a \"widow\" or \"widower\" as defined by the retirement\nof valuable survivor benefits by people who might marry\nlaw, which means (a) be the surviving spouse who was married to the\nemployees or annuitants for that purpose.\nemployee for at least two years immediately preceding his death or\nIn its report, the U.S. Civil Service Commission referred\n(b) be the parent of a child by that marriage (5 U.S.C. 8341 (a))\nto the policy which gives rise to the limitation which has\nThe Commission is without authority under the Civil Service Re-\noperated to deny Mrs. Thompson an annuity in this instance.\nfirement law to pay Mrs. Thompson a survivor annuity benefit. The\nHowever, the Commission noted that this is a case which\nThompsons were married on August 19, 1944 and were divorced on\nmerits an exception and found that the policy against so-\nMay 26, 1970. They remarried each other on October 10, 1971. Mr.\ncalled deathbed marriages should not be invoked in an in-\nThompson died, however, on March 9, 1973, less than two years after\nstance such as this in which the years of a first and second\nthe remarriage, and since the Thompsons had no children during their\nmarriage total over 27. Specifically, the Commission stated in\nremarriage, Mrs. Thompson does not meet the definition of \"widow\"\nits report as follows:\nset out in the retirement law.\n\"While the Commission has consistently opposed paying\nThe eligibility requirements in the retirement law for a spouse sur-\nbenefits in case of 'deathbed' marriages, we do not believe\nvivor annuitant are designed to prevent acquisition of valuable sur-\nthis concern applies to the present case, in which the years of\nvivor benefits by people who might marry employees of annuitants for\na first and second marriage total over 27 years.\"\nthat purpose. The present annuity reduction required to provide bene-\nThe committee agrees that this is an appropriate case for\nfits for a surviving spouse, made over the lifetime of the retiree, is not\nlegislative relief and recommends that the bill be considered\nnearly sufficient to pay the cost of providing spouse survivor annuities\nfavorably.\nalready authorized by the retirement law, not to mention the cost of\nThe technical changes that were recommended in the report of the\nadverse selection which would result from paying spouse survivor an-\nU.S. Civil Service Commission sent to the House Committee on the\nnuities in \"deathbed\" marriage cases. While the Commission has con-\nJudiciary in regard to H.R. 10788, a similar bill in the 93d Congress,\nsistently opposed paying benefits in cases of \"deathbed\" marriages, we\nhave been incorporated into the text of H.R. 6156.\ndo not believe this concern applies to the present case, in which the\nyears of a first and second marriage total over 27 years.\nS.R. 1136\nS.R. 1136\n4\nAccordingly, if the Congress determines that the special circu-\nstances of this case warrant relief, the Commission would not object to\nenactment of H.R. 10788.\nIf the Committee wishes to give favorable consideration to H.R.\n10788, there are certain technical changes that should be made in the\ntext.\nThe Office of Management and Budget advises that from the stand-\npoint of the Administration's program there is no objection to the sub-\nmission of this report.\nBy direction of the Commission:\nSincerely yours,\nROBERT HAMPTON, Chairman.\nS.R. 1136\nH. R. 6156\nAinety-fourth Congress of the United States of America\nAT THE SECOND SESSION\nBegun and held at the City of Washington on Monday, the nineteenth day of January,\none thousand nine hundred and seventy-six\nAn Act\nFor the relief of Walma T. Thompson.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That, for purposes\nof section 8341 of title 5, United States Code, Walma T. Thompson\nof Niles, Illinois, widow of Obert O. Thompson, is deemed to have\nbeen married to Obert O. Thompson for the two-year period before\nhis death on March 9, 1973. Walma T. Thompson and Obert O.\nThompson were married for approximately twenty-seven years, and\nwere married at the time of his death, but, because of an intervening\ndivorce, Walma T. Thompson is not eligible, but for this Act, to\nreceive a survivor annuity under this section.\nSEC. 2. For purposes of chapter 83 of title 5, United States Code,\nany entitlement of Walma T. Thompson to a survivor annuity by\nreason of the first section of this Act shall be effective as of the day\nafter the date of death of Obert O. Thompson. Any survivor annuity\npayments to which Walma T. Thompson is SO entitled for the period\nbefore the date of the enactment of this Act shall be made in a lump\nsum.\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate."
}